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ECHEVARIAS v. LOPEZ

240 N.J. Super. 104 (1990)

572 A.2d 671

RAMON ECHEVARIAS, PLAINTIFF, v. I. LOPEZ, R. LOPEZ, D. ALVARINO AND F. ALVARINO, DEFENDANTS, THIRD-PARTY PLAINTIFFS, v. PREFERRED MUTUAL INSURANCE CO., THIRD-PARTY DEFENDANT-APPELLANT, v. CHAPMAN INSURANCE AGENCY, INC., DONALD P. ZEHNER, IND. AND T/A DON ZEHNER AGENCY, RUDOLFO ESPINOSA, IND. AND T/A CHAPMAN INSURANCE AND TRAVEL, THIRD-PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 16, 1990.

Attorney(s) appearing for the Case

Anthony P. Pasquarelli argued the cause for third-party defendant-appellant (Methfessel & Werbel, attorneys, Anthony P. Pasquarelli, on the brief).

Michael D. Suarez argued the cause for third-party defendants-respondents Chapman Insurance Agency Inc. and Rudolfo Espinosa (Suarez & Suarez, attorneys, David J. McKenna, on the letter brief).

Karl A. Fenske argued the cause for third-party defendant-respondent Donald P. Zehner (John S. Hoyt, III, attorney, Karl A. Fenske, on the brief).

Before Judges MICHELS, R.S. COHEN and BROCHIN.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

Plaintiff was a tenant at premises in Elizabeth owned by defendants Lopez and Alvarino. He started this action against them, charging that their negligence caused him to fall and injure himself on the premises on May 27, 1985. Lopez and Alvarino, in turn, filed a third-party complaint for indemnification and defense against Preferred Mutual Insurance Company (Preferred) and insurance agents Zehner and Chapman...

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